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ISLAMABAD, Oct 29 (APP):The Supreme Court of Pakistan has set aside a decision of the Punjab Service Tribunal, Lahore, and restored the promotion and selection grade of a government employee, declaring the earlier departmental actions illegal.
According to the written judgment authored by Justice Salahuddin Panhwar and published on the Supreme Court’s official website on Wednesday, the appellant had challenged the Tribunal’s March 15, 2022 decision, which upheld an order issued by the Deputy Commissioner, Muzaffargarh, on October 1, 2018. That order had withdrawn the employee’s promotion as Assistant and the selection grade granted in 2005, reverting him to the post of Senior Clerk and treating him as retired in that capacity.
The apex court held that the show-cause notice issued on September 13, 2018, did not meet “legal requirements” as it lacked details of the allegations, proposed penalties, and relevant legal provisions—violating the principles of natural justice and the right to a fair hearing.
The judgment further observed that when an administrative decision remains in effect for years, with benefits granted under it, and no illegality or unauthorized action is proven, such a decision cannot be withdrawn later. Referring to the doctrine of locus poenitentiae, the court noted that the administration cannot retract a lawful decision after the fact.
Justice Panhwar also held that under Section 4 of the PEEDA Act, penalties such as withdrawal of promotion or demotion in grade are not prescribed, and disciplinary action under the Act applies only to serving employees, not retirees.
The court found the departmental inquiry one-sided, noting that no questions were raised to the officers or DPC members who had approved the 2005 promotion. Allowing the appeal, the Supreme Court nullified both the Tribunal’s and the Deputy Commissioner’s orders, restoring the employee’s 2005 promotion and financial benefits, directing payment of dues within 60 days.
The case was heard on October 15 by a three-member bench comprising Justice Shahid Waheed, Justice Naeem Akhtar Afghan, and Justice Salahuddin Panhwar.